Assault by Penetration
Assault by Penetration
Assault by penetration involves penetration of the vagina or anus using a finger or other object. By contrast, rape involves penetration of the vagina, anus, or mouth using the penis.
Consent is agreement to an activity by choice, where a person has both the freedom and the mental ability to make the choice. In order for consent for sexual activity to be valid, the person agreeing has to understand what is happening, so that they can make an informed choice to agree to it. This means, for example, that if a person is drunk or under the influence of drugs, they may lose the capacity to consent.
The legal age for sexual activity is 16 years old. If the victim is younger than sixteen, the law says that they are not capable of consent. This is the case even if they agree to the activity. If the victim was under the age of 13 years old, a separate and much more serious offence applies: assault of a child under 13 by penetration.
Assault by penetration involves penetration of the vagina or anus using a finger or other object. By contrast, rape involves penetration of the vagina, anus, or mouth using the penis. In some cases, where the victim is unsure what body part or object the defendant used to penetrate their vagina or anus, the prosecution will choose to bring the charge of assault by penetration because it only requires them to prove that penetration took place, and not what the victim was penetrated with
We can help
As specialist sexual offences solicitors we have helped hundreds of clients avoid custodial sentences, and our preparation and expertise has lead to them being found not guilty, or the CPS dropping the case.
Once you have contacted us, one of our specialist Sexual offences Lawyer will carry out a detailed assessment of your case, and if we decide to take your case on, we will take detailed information surrounding the circumstances of the offence. Our experts will carry out detail research in respects of Complainant and full analysis of the case against you will be carried out. We can then assess the best possible defence to put forward on your behalf
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|Penetration with a body part (fingers, toes or tongue) where no physical harm is sustained by the victim.
|1 – 4 years
|Penetration with an object
|2 – 5 years
|Penetration with an object or body part, accompanied by an aggravating factor (e.g. more than one offender; abuse of trust; sustained attack)
|6 – 11 years